Wrongful Death Attorney In Des Moines, IA
Death is an inevitable part of life, but wrongful death is not. Wrongful death is a preventable death caused by another party’s actions or negligence. A wrongful death lawsuit allows surviving loved ones to seek financial compensation for the loss.
Our personal injury attorneys at Carter Law Offices, P.C., advocate for surviving loved ones with wrongful death claims in Omaha and Iowa. If you believe your loved one’s death was caused by another party, contact us so we can see what we can do to seek justice for your loss.
An Overview Of Wrongful Death In Iowa
In Iowa, wrongful death is defined under the state’s statutes as a death produced by a wrongful act that could have entitled the deceased to file a personal injury claim if they had survived. The state laws allow the estate or the surviving next of kin to pursue a claim for damages against those responsible for the death. The statute of limitations is two years from the person’s death.
What Damages Can You Recover From A Wrongful Death Claim?
State laws further define and limit the recoverable damages from a wrongful death claim. Generally, these may include:
- Medical expenses for any medical care the deceased received due to the injury before death
- Funeral and burial costs
- Loss of income and benefits the deceased would have contributed to the family
- Loss of consortium and companionship
- Pain and suffering the deceased may have endured before they died
- Loss of inheritance or the value of what the deceased would have saved and left to surviving family members as an inheritance
- Mental anguish by family members due to the loss of their loved one
You can speak to our compassionate and experienced lawyers about the wrongful death laws in your state to understand the full scope of recoverable damages.
Workplace Accidents Can Lead To Wrongful Death
If an employee dies because of an accident or injury that occurs at work or as a direct result of their job duties, the surviving family members might have the right to file a wrongful death claim under workers’ compensation. In such cases, workers’ compensation insurance may provide death benefits to the dependents of the deceased. The family can also bring a separate wrongful death lawsuit outside of workers’ comp if a third party’s negligence or their employer’s intentional act or gross negligence led to the death.
What If The Death Was Caused By A Motor Vehicle Accident?
Unfortunately, some drivers are reckless and end up violating traffic laws, which can lead to catastrophic accidents. If you lost a loved one in a car accident, you may have a claim against the at-fault driver.
As mentioned, Iowa wrongful death claims must be filed by the executor or administrator of the deceased’s estate. This individual is responsible for managing the decedent’s affairs and has the authority to pursue legal action if they died in a wrongful manner. If the deceased did not have a will naming an executor, the court may appoint an administrator to handle the claim.
If the death was caused by a motor vehicle accident, the wrongful death claim process typically involves additional considerations. A good first step is to identify fault and find evidence of negligent or wrongful conduct.
Examples of negligence can include:
- Driving under the influence of alcohol or drugs
- Driving while distracted (texting, phone calls, etc.)
- Violating traffic laws, such as speeding or reckless driving
Evidence like police reports, accident reconstruction analyses and witness statements can help prove negligence in deaths caused by a vehicle accident.
Iowa follows a comparative fault system, which means that if the deceased was partially at fault for the accident, the compensation awarded may be reduced by their percentage of fault.
How Do You File A Wrongful Death Claim?
The personal representative of the estate can file a lawsuit on behalf of family members in the Iowa county where the deceased lived or the death occurred. The representative of the estate must gather the necessary documentation, including:
- The death certificate
- Related medical records
- Evidence of the responsible party’s negligence
The defendant must also be properly notified about the wrongful death action.
During the legal proceedings, both sides will have the opportunity to present their evidence and arguments. Settlement negotiations may occur at any stage, and many cases are resolved before reaching trial. If a settlement is not reached, the case will proceed to court, where a judge or jury will determine the outcome.
The potential remedies after a wrongful death can include:
- Compensation for financial losses, including medical bills incurred before death, funeral and burial costs and loss of the deceased’s income.
- Noneconomic damages address the loss of companionship, emotional support and guidance, as well as the pain and suffering of family members.
In cases where the other party’s conduct was particularly egregious or reckless, the court may award punitive damages. These provide additional compensation to families while punishing the wrongdoer.
Consider consulting with an experienced wrongful death attorney to identify the best path forward in your quest for justice.
How A Personal Injury Attorney Can Help You With Your Claim
Our aggressive and highly capable personal injury lawyers can evaluate the specifics of your case to determine the viability of the claim. We can help you identify the responsible parties and work hard to hold them accountable for their actions. Call us now at 402-979-8675 in Omaha or 515-644-4871 in Des Moines for a free consultation or send us a message online.